Citation Nr: 21023487
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 12-16 563
DATE: April 20, 2021

ISSUE

Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) from July 27, 2010, to October 4, 2012, and in excess of 30 from October 4, 2012.

REMANDED

Entitlement to an initial rating in excess of 70 percent for PTSD from July 27, 2010, to October 4, 2012, and in excess of 30 from October 4, 2012, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to April 1969.

This matter was previously before the Board of Veterans’ Appeals (Board) on appeal from a November 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In a July 2018 decision, the Board granted an initial rating of 70 percent for PTSD from July 27, 2010, to October 4, 2012, and denied a rating in excess of 30 percent for PTSD from October 4, 2012.

The Veteran appealed the Board’s July 2018 decision to the United States Court of Appeals for Veterans Claims (Court). In August 2019 the Court granted a Joint Motion for Partial Remand (JMPR) which vacated the Board’s July 2018 decision. 

When this case was most recently before the Board in November 2020, it was remanded for additional evidentiary development. The appeal has been returned for further appellate review.

Subsequent to the November 2020 remand, the Veteran and his spouse submitted correspondence in February 2021, indicating that his disability had increased in severity to include symptoms of irritability, disorientation, outbursts, overreacting, anger, keeping his back to a wall when going out, panic attacks, lack of feelings of attachment, questioning life in a way that made his spouse feel the need to hide his guns, and isolation. As such, the Board finds that remand is warranted to assess the current severity of the PTSD.

The matters are REMANDED for the following action:

1. Arrange for the Veteran to be afforded a VA examination in order to ascertain the current severity of the service-connected PTSD.  

The claims file must be reviewed by the examiner, and any indicated studies should be performed.  

All appropriate diagnostics should be accomplished and all clinical findings should be reported in detail. Ensure that the examiner provides all information required for rating purposes.

2. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the claim on appeal.  If any benefit sought on appeal remains denied, furnish the Veteran and his representative with an appropriate supplemental statement of the case and afford a reasonable opportunity for response.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.M.K., Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.